Molgano: Upholding my constitutional oath

Published 6:07 pm, Wednesday, March 27, 2013

I have received hundreds of inquiries from neighbors and constituents on my position on pending legislation concerning school safety, mental health, and gun control, in the wake of the horror that took place at Sandy Hook Elementary. I ask that the Stamford Advocate please indulge me to present my position in hopes of providing answers.

The unfathomable and heartbreaking tragedy of December 14, 2012 has changed Connecticut similar to the way that 9/11 changed our nation. The indescribable loss of 20 children, whom I will always remember as "holy innocents," and six teachers, who are heroines beyond measure, leaves behind wounds only prayer can heal. Governor Malloy described the horrific act with the precise word that is fitting, "evil," and he immediately put forth the effort to overcome this evil by assuring all the families and the community of Newtown that mournful day by saying, "We are in this together."

The governor kept his promise and the leadership of the Legislature joined with him in his pledge by working together. In keeping with that promise, the decision by the governor to create an advisory commission and the Legislature's resolve to establish a bipartisan task force were quickly reached and the bodies convened. Those of us who were not chosen to be members were kindly asked to respect the groups' difficult charge and abstain from comment or criticism so as to allow their work to proceed unabated, which is not an easy request to fulfill when the public is rightfully asking where you stand on the three areas of focus: school safety, mental health, and gun control.

The area of gun control is where the focus is today, and we now face decisions that lie between the rights of law-abiding, conscientious owners of firearms and the need to keep individuals with mental challenges or criminal intent from possessing them. The report in The Advocate on Friday, March 15, details the Governor's Commission discussing law-abiding citizens being mandated "to give up their weapons." They would do this by posing a retroactive ban that would make criminals of law abiding citizens -- unless they turn in their weapons. This proposal also potentially prohibits bequeathing certain firearms, passed down from generation to generation, to family members. I cannot support such a demand. How can I live up to my oath to support the Constitution of the United States by voting yes to a law that would confiscate personal property?

Besides, the guns the Commission refers to as "assault-weapons" are properly known as modern sporting rifles (MSRs) and are the choice gun of many who legally and safely enjoy competing in the sport of shooting. Simply because someone who should never gain possession of a firearm, or any dangerous object for that matter, gains access to a weapon by breaking the law, I must take that liberty away from everyone? Not only as a legislator sworn to uphold the Constitution do I say no, but I do so as a proud American.

I look at the matter this way: Should government pass a law to ban automobiles in order to prevent drunk driving? There are people who constantly commit the crime of drinking and driving; do I ignore people's property rights and follow what is suggested by the Governor's Commission on gun control "to err on the side of safety"? Connecticut drunk-driving laws punish lawbreakers with severe measures, such as administering driver's license suspensions, requiring ignition interlock devices, and sentencing criminal violators to prison; there are no Connecticut laws to reduce the number of drunk-driving deaths by banning cars or alcohol. I want to make similar thoughtful and practical legislation here in Connecticut on guns.

Law-abiding firearm owners are not the problem; those illegally possessing firearms are the problem. I strongly support measures that will stiffen penalties on the criminals, strengthen the registration process for firearms and ammunition, enforce strict background checks, provide proper health care for those suffering mental illness, and effect school safety measures, including stationing school resource officers in every school. Having sworn to uphold the Constitution and not forgetting the men and women of our military who have fought and continue to fight in defense of the liberties the Constitution protects, especially those who died doing so, I have no choice but to err on the side of freedom and vote no to legislation that would defy the Constitution.